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Archive for ‘Substantive Law: Legislation’

Employment Law and First Nation Band

In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a straightforward distinction under normal circumstances, but, in certain areas, it remains unclear. This was the case in Fox Lake Cree Nation v. Anderson, 2013, in which the Federal Court of Canada set aside the order of an adjudicator appointed by the Canadian Labour Ministry because that adjudicator did not have the jurisdiction to hear the complaint made by the terminated employee.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Update: Bill 52, Assisted Suicide Bill Passes Third Reading

The Quebec National Assembly has adopted a historic “right-to-die” legislation (94-22 margin/0 Abstention), the first in Canada. All 22 votes against Bill 52 were from Liberal members, including 10 cabinet ministers. The Bill gives terminally ill adult patients in the province of Quebec, who are of sound mind, the right to palliative care and medical assistance to die in exceptional circumstances and safeguards.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Federal Court of Appeal Rulings on Landmark Family Status Cases

On May 2, 2014, the Federal Court of Appeal released its long-awaited decisions in Canada (Attorney General) v. Johnstone, 2014 FCA 110 (CanLII) and Canadian National Railway Company v. Seeley, 2014 FCA 111 (CanLII). The rulings confirm that child care obligations fall under the scope of family status under the Canadian Human Rights Act, and clarify the test for meeting a prima facie case of discrimination on the prohibited ground of family status. Let's examine what is involved in the accommodation of family status.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Federal, British Columbia and Alberta Privacy Commissioners Issue New Guidelines for Online Consent

Many companies seem to be struggling with the issue of online consent, according to a 2012 study by the Office of the Privacy Commissioner of Canada (OPC). The review of popular Canadian websites showed significant shortcomings in how organizations communicate their online privacy practices to consumers. On May 8, 2014, the federal, British Columbia and Alberta Privacy Commissioners published new guidelines to help organizations understand the importance of being transparent about their online privacy practices, specifically regarding consent.
Posted in: Substantive Law, Substantive Law: Legislation

CASL Observations

I was at a conference on CASL (anti-spam) last week chaired by Barry Sookman. His summary of conference highlights is worth reading. Below are some of my observations based on both that conference and my CASL dealings with clients so far.

Large companies are spending millions of dollars to comply with CASL. Small business is struggling to comply and to make sense of how to comply and why it is even needed. But you can bet that the true spammers will just continue to try to hide from the regulators.

Opt-in rates for attempts to get express consents so far . . . [more]

Posted in: Substantive Law: Legislation, Technology

A Steady Stream of Manitoba Bills

Manitoba’s legislators have been busy drafting and introducing bills into the House over the course of the past two months. Since the session resumed in March, more than 20 new bills have been introduced, including 4 private members bills. Most remain at first reading stage as of the writing of this post.

A number of these bills may be of particular note across the country, including:

. . . [more]
Posted in: Substantive Law: Legislation

Business Trademarks May Be Displayed in Quebec in a Language Other Than French

On April 9, 2014, the Quebec Superior Court ruled that businesses in the province of Quebec may continue to display their trademarks on public signs outside their premises in a language other than French if no French version of the trademark has been registered.

Facts of the case

On November 13, 2011, during an enforcement campaign called “Une marque de respect de la loi” (A sign of respect for the law), the Office québécois de la langue française (OQLF) took the position that the trademark exception found in the Charter of the French Language (loi 101) does not . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Goodbye QPLegalEze; Welcome Open Law

April launched an exciting development for BC legal researchers and for the open law and open data movements. QP LegalEze, the BC Queen’s Printer’s deep and highly functional subscription service for current and some historical legislative information, is no more. Or, more accurately, it is by subscription no more.

All of its content and functionality now is available through BC Laws, the free site also offered by the Queen’s Printer:

BC Laws has been upgraded to provide enhanced searching and more content including historical legislation and related publications such as BC Gazette, full text Orders-in-Council, and Tables of Legislative

. . . [more]
Posted in: Justice Issues, Legal Information, Legal Information: Publishing, Substantive Law: Legislation, Technology

Spam Now So You Can Spam Later

CASL – the new Canadian anti-spam act – comes into force July 1. It contains extensive, complex provisions that apply to the sending of any email that has a hint of a commercial purpose (a “CEM”). In the short term it may increase the amount of email we get. We have all received emails from mail lists we are on asking us to confirm our consent. But there is another reason we may get more. The reason goes like this:

CASL requires express or implied consent from the recipient before a CEM can be sent.

The act contains a . . . [more]

Posted in: Substantive Law: Legislation

Ontario’s Ministry of Labour Targets Employers Using Unpaid Internships

From April to June 2014, the Ontario Ministry of Labour is conducting an employment standards inspection blitz targeting organizations that employ unpaid interns. The goal is to ensure worker rights are protected and enhance employers' awareness of their responsibilities.
Posted in: Education & Training, Miscellaneous, Substantive Law, Substantive Law: Legislation

The New Canadian Digital Privacy Act (Bill S-4)

The government of Canada has introduced a bill to amend PIPEDA on privacy matters. The bill appears to be largely the same as Bill C-29 from 2010. It imposes a duty on organizations that have custody of personal information to disclose to the Privacy Commissioner and to affected individuals the fact of any breach of security affecting that personal information, if the breach creates a ‘significant risk of serious harm’ to the individual. Both terms (significant risk and serious harm are defined, or at least given more flavour, in the bill.)

(7) For the purpose of this section, “significant

. . . [more]
Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list